UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6922

ANTONIO D. TISDALE, Petitioner - Appellant, versus

STATE OF SOUTH CAROLINA; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (4:04-cv-01319-PMD)

Submitted: September 28, 2006 Decided: October 10, 2006

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Antonio D. Tisdale, Appellant Pro Se. Donald John Zelenka, Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Antonio D. Tisdale seeks to appeal the district court’s order accepting the magistrate judge’s recommendation to grant Defendants summary judgment as to five of Tisdale’s seven grounds for habeas relief under 28 U.S.C. § 2254 (2000) and deny Defendants summary judgment on the remaining two grounds with leave to refile.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Tisdale seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny a certificate of appealability and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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